Laws, Policies and Strategies

Strategies and Policies

Decree no. 176 5/26/2014 State Climate Action Plan (PEACC) - the Plan references the development of a regional strategy to reduce deforestation and highlights restoring degraded lands and promoting sustainable livestock production as a key strategy for reducing deforestation in the state.

It establishes the roadmap through 2030 for the reduction of greenhouse gas emissions and adaptation to the impacts of climate change. It presents a sector analysis of the main sources of greenhouse gas emissions, among which it points to land use, land use change, and forestry as the three main emitters of GHGs in the State, with a total of 1,334,300 Ton CO₂e issued annually representing 13% of the state total.

PEACC also provides for mitigation in order to promote the low emission development and conservation of the carbon sink potential of protected natural areas of the State, and strategies and lines of action aimed at the sustainable management of agricultural soils, the improvement of vegetation cover in grazing lands, the promotion of agroforestry systems and conservation agriculture, the promotion of reforestation, and sustainable forest management, among others.

State Development Plan –The State Development Plan is an instrument of government built by adding the voices of all citizens; It defines what the Government will do in the next six years. All actions, programs, public works, budgeting, investment and government expenditures will have to be justified, aligned and supported by the objectives, strategies and indicators that are set out here and that from now on become Law. The State Development Plan is the map that tells us where we want to arrive in 2018 and what we should do to not deviate from that route.

FCPF Carbon Fund Investment Program - Yucatán has developed an investment program to reduce deforestation through Mexico’s Emissions Reduction Initiative implemented under the framework of the Forest Carbon Partnership Facility.

State REDD+ strategy (EEREDD+) - Currently the State of Yucatan has a draft version of the State Strategy for Reducing Emissions from Deforestation and Forest Degradation (EEREDD +), prepared in 2015 with resources from the federation of the Secretariat of Natural Resources and Environment (SEMARNAT). During the period of 2016 - 2017, it was submitted to several processes of participatory feedback with key actors from the three levels of government, the academic sector and research, as well as civil society organizations and representatives of rural and indigenous communities located in key municipalities for forest conservation; that resulted in the updating of this climate policy instrument. Its approval in 2018 is in process before the Interministerial Commission of Climatic Change of Yucatán, preceded by the constitutional governor of the State, which acts as an organ of consultation, coordination, agreement and evaluation of the public policies established for the prevention and mitigation of greenhouse gas emissions and adaptation to climate change in Yucatan.

Laws and Regulations

Decree no. 466 6/8/2017 - Law establishing sustainable forest development in the state of Yucatan.

Decree no. 537 10/31/2017 - By which the apicultural zones of the state of Yucatan are established for the promotion of their rational use. Decree by which a zoning is established for the promotion of beekeeping in the state, based on the state of deterioration or conservation of the predominant environmental services in the different regions of the state.

Decree no. 418 10/26/2016 - Decree declaring the state of Yucatán as a free zone of agricultural crops with genetically modified organisms. To protect the environment and the health of Yucatecans, the State Government declared this entity as free of genetically modified organisms, since several studies indicate that technological packages, in addition to pesticides and herbicides linked to these procedures, cause diseases to the human being as well as to the flora and fauna.

Decree no. 39 2/15/2013 Sustainable Rural Development Law - Promotes an integrated development framework for rural areas in the state and regulates the planning and organization of agricultural development in the states.

Decree no. 402 5/19/2011 Law for the Protection of Fauna of the State of Yucatan - Establishes the normative bases for the protection and the natural development of the fauna that are in the State of Yucatan.

Decree no. 333 5/25/2010 Environmental Protection Law - Outlines the State's environmental policy instruments and defines institutional arrangements for the protection and management of environmental resources in Yucatan. In lieu of a forestry law the Environmental Law governs sustainable forestry development and protected areas.

Decree no. 297 6/3/2010 Establishing the Inter-Secretariat Commission on Climate Change of Yucatán - Establishes the commission's purpose to coordinate the actions of the agencies and entities of the State Public Administration related to the formulation and implementation of public policies for the prevention and mitigation of greenhouse gas emissions and adaptation to reduce the vulnerability of adverse impacts of climate change in Yucatan.

Decree no. 96 7/14/2008 Creating the Forest Council of the State of Yucatán - This decree establishes the Forestry Council of the State of Yucatan as an institution of consultation, advice and agreement that has the purpose of contributing to the planning, supervision and evaluation of the policies of exploitation, conservation and restoration of the forest resources of the State of Yucatan.

Decree no. 793 7/26/2007 - Formalizes the Ecological and Territorial Ordering Program of the State of Yucatán (POETY)

Decree no. 125 6/30/1995 Law of Human Settlements of the State of Yucatan - Law that establishes the norms according to which the State and the municipalities will participate in the organization and regulation of human settlements.

Institutional Framework

Rural Development Secretariat of Yucatán (SEDER) - Responsible for planning related to agriculture and forestry, including extension services for local producers.

Urban Development and Environment Secretariat (SEDUMA) - Responsible for developing and implementing environmental policy, overseeing natural resources management and conservation and promoting protected areas. Responsible for addressing drivers of deforestation and implementing REDD+.

Forest Council of the State of Yucatán - On September 12, 2008, the Forest Council of the State of Yucatan was created whose objectives include: Assist in the formulation of the State's forestry policy, based on the guidelines established by the State Development Plan; Prepare the Forestry State Program project and submit it to the Executive Power Holder for review and approval, as appropriate; Promote coordination between government orders and sectors of society and encourage their participation in the actions carried out for the conservation and restoration of forest resources; Promote coordination with the Councils for Sustainable Rural Development; Issue an opinion regarding forest management programs and changes in land use in forest lands; among other duties.

State Intersecretarial Climate Change Commission (CIClima) - Inter-institutional platform developed to validate the Investment Programs to reduce deforestation. Comprised of the Secretary of Budget and Planning, Secretary of Health, Secretary of Education, Secretary of Community and Social Policy, Secretary of Public Works, Secretary of Economic Development, Secretary of Tourism Promotion, Secretary of Promotion of Agriculture and Fisheries, and the Secretary of Urban Development and the Environment.

Zoning and Spatial Planning

The state has different territorial arrangements made at different scales. The zoning and state planning in Yucatan is based on the following types of ordering:

Ecological Planning of the State Territory (POETY)

The overarching zoning is done through the Territorial Ecological Ordinance Program of the State of Yucatan (POETY), which aims to regulate land uses, the use of natural resources, productive activities and urban development, in order to to make compatible the conservation of the biodiversity, the protection to the environment and the sustainable use of the resources and natural elements with the urban and rural development of the state of Yucatan, as well as with the economic activities that are carried out, serving as a base for the elaboration of the programs and development projects that are intended to be executed in the state territory.

Through the present Program of Ecological Regulation of the Territory of the State of Yucatan, the "Model of Territorial Development" or "Model of Occupation of the Territory" for the State of Yucatan is established, based on criteria of rationality and balance between ecological efficiency and the socio-economic development of the territorial system.

The Territorial Development Model is a spatial projection of a strategy of economic and social development that contributes to the design of the future territorial system and to the way in which it can be achieved, representing the way of specifying spatially the environmental objectives proposed in terms of sustainability.

The model includes the proposal of uses for the territory, according to its potential and limitations and the establishment of a system of environmental policies and criteria for use, protection, conservation and restoration that guarantee the rational exploitation and conservation in the medium and long term of the natural and human resources of the State.

The model considers the protection of nature by assigning each area a specific functional value and an exploitation and transformation regime that implies conservation measures. Its construction reflects the need to reduce socio-spatial inequalities and the sustained increase in the quality of life of the population residing in the state.

Ecological Management Program of the Coastal Territory of the State of Yucatan (POETCY)

Likewise, the Ecological Management Program of the Coastal Territory of the State of Yucatan (POETCY) has been promulgated and is an instrument of legal planning, based on technical and scientific information, which determines regulatory schemes of territorial occupation that maximize consensus among the social actors and minimize the conflict over land use. It establishes a series of legal provisions that induce the use of innovative public participation mechanisms, as well as the use of techniques and procedures of geographic analysis, information integration and environmental assessment. This process requires the development of new environmental management and evaluation capacities in the three levels of government.

The elaboration of the program was based on general principles that have been proposed to manage the coastal areas of the world. These principles were established by the United Nations Environment Program (UNEP), the International Union for Conservation (IUCN), the Convention on Biological Diversity (CBD), Agenda 21, the Organization for Economic Cooperation and Development (OECD), the Convention on Wetlands of International Importance, especially as Waterfowl Habitat (Ramsar), as well as the experience of other National Coastal Ordinances. These principles are: integration and interrelation, inter and intra-generational equity, the right to development, environmental care, precautionary measures, internalization of costs and transparency.

Community Territorial Ordinances (OTC)

Also, on a much more precise scale, there are numerous Community Territorial Ordinances (OTC) that have been carried out by the ejidal nuclei throughout the State of Yucatan.

These instruments are not yet recognized by the applicable laws, therefore they have a voluntary nature and their scope is only within the particular community in question, endorsed by the ejidal assemblies.

Engagement and Participation with Indigenous Peoples and Local Communities

The government of the State has promoted, through instances such as the Intercultural Biocultural Board of Puuc (JIBIOPUUC), the participation of rural and indigenous communities of Yucatan in the policy it directs to address the causes of deforestation and forest degradation through the development of participatory feedback workshops in key municipalities that are located in the implementation area of the Emissions Reduction Initiative (IRE) and the EEREDD + of Yucatán.

Likewise, through this instance, the strengthening of local capacities has been promoted in topics such as respect for the rights of indigenous peoples, good forest governance, protection of biodiversity, the gender perspective, the right to access information, transparency, binding to the context of REDD + safeguards through the importation of workshops with community representatives from the municipalities of Muna, Oxkutzcab, Santa Elena, Peto, Tekax, Ticul, Tzucacab and Yaxcaba, which make up the implementation area of the IRE and the EEREDD + of Yucatán.

The state has also pursued the development of agreements at the community level with key actors for the development of projects such as:

Integration of the Mayan Community Council of the Biocultural State Reserve

Convocation and participatory and inclusive conformation of the Council with representatives of the municipalities of Muna, Oxkutzcab, Santa Elena, Tekax and Ticul with the aim of contributing to the development of a protocol and regulation for the integral management of the territory and sustainable use of natural resources

Agreement for the conservation of 1000 hectares of forest in concurrent funds SEDUMA- CONAFOR in the municipality of Tekax, ejidos of Poccheil and Mocontún.

Three-year financing initiative that aims to conserve the natural resources of the municipalities that make up the Biocultural Region of Puuc, and the promotion of low-carbon productive activities.

Pilot project for the establishment of the intensive silvopastoral system of the Local Livestock Association of Temozón.

Initiative for the establishment of the intensive silvopastoral system of the Local Livestock Association of Temozón in 114 hectares located in 26 ranches. Completed in December 2017.

Reciprocal environmental agreement with the ejido Corral, municipality of Tzucacab to carry out actions in the matter of conservation of natural ecosystems with productive restoration in degraded areas

Initiative that promotes actions of conservation of natural ecosystems with productive restoration in degraded areas with impact in 1,928.34 hectares.

Reciprocal environmental agreement with the Cattle Association Local (AGL) of Catmis, municipality of Tzucacab to carry out actions in the matter of conservation of natural ecosystems with productive restoration in degraded areas.

Initiative that promotes actions of conservation of natural ecosystems with productive restoration in degraded areas with impact in 9,275.2 hectares.

Environmental reciprocal agreement with civil society Nukuch Ka'ax in the ejido Becanchen, municipality of Tekax to carry out actions in the field of conservation of natural ecosystems with productive restoration in degraded areas

Initiative that promotes actions of conservation of natural ecosystems with productive restoration in degraded areas with impact in 10,392,2446 hectares.

Finally, the State has promoted the creation of other spaces for social participation within the framework of implementation of the REDD + Mechanism at the subnational level, through the Technical Advisory Council for the Reduction of Emissions from Deforestation and Degradation of the State of Yucatán (CTC-REDD + YUC) . Which serves as an instance of consultation for the participatory and inclusive construction of the policy that directs the state and the federation in the rural area to address the causes of deforestation and mitigation of climate change. Where indigenous groups, forestry producer organizations, civil society organizations, rural sector organizations, educational and research institutions participate.